OFFICE OF THE ASSISTANT SECRETARY

Education has long been recognized as the great equalizer in America. The
U.S. Department of Education and its Office for Civil Rights (OCR) believe
that providing all students with an educational environment free from discrimination
is extremely important. The sexual harassment of students, including sexual
violence, interferes with students’ right to receive an education free from
discrimination and, in the case of sexual violence, is a crime.

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et
seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination
on the basis of sex in education programs or activities operated by recipients
of Federal financial assistance. Sexual harassment of students, which includes
acts of sexual violence, is a form of sex discrimination prohibited by Title
IX. In order to assist recipients, which include school districts, colleges,
and universities (hereinafter “schools” or “recipients”) in meeting these obligations,
this letter1 explains
that the requirements of Title IX pertaining to sexual harassment also cover
sexual violence, and lays out the specific Title IX requirements applicable to
sexual violence.2 Sexual
violence, as that term is used in this letter, refers to physical sexual acts
perpetrated against a person’s will or where a person is incapable of giving
consent due to the victim’s use of drugs or alcohol. An individual also may be
unable to give consent due to an intellectual or other disability. A number of
different acts fall into the category of sexual violence, including rape,

1 The
Department has determined that this Dear Colleague Letter is a “significant
guidance document” under the Office of Management and Budget’s Final Bulletin
for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007), available
at:
http://www.whitehouse.gov/sites/default/files/omb/assets/regulatory_matters_pdf/012507_good_guidance.pdf.
OCR issues this and other policy guidance to provide recipients with information
to assist them in meeting their obligations, and to provide members of the
public with information about their rights, under the civil rights laws and
implementing regulations that we enforce. OCR’s legal authority is based on
those laws and regulations. This letter does not add requirements to applicable
law, but provides information and examples to inform recipients about how OCR
evaluates whether covered entities are complying with their legal obligations.
If you are interested in commenting on this guidance, please send an e-mail
with your comments to OCR@ed.gov, or write to us at the following address:
Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue,
SW, Washington, DC 20202. 2 Use
of the term “sexual harassment” throughout this document includes sexual violence
unless otherwise noted. Sexual harassment also may violate Title IV of the
Civil Rights Act of 1964 (42 U.S.C. § 2000c), which prohibits public school
districts and colleges from discriminating against students on the basis of
sex, among other bases. The U.S. Department of Justice enforces Title IV.